About Separation in Canada
The realm of divorce in Ontario is surrounded by many myths and beliefs. First of all, there is nothing called as ‘filing for legal separation’. If a couple is living separate and apart, you are separated. Also, you cannot be considered automatically divorced legally after many years of separation. Thus, even if you are separated for decades and have not applied for divorce, you will be considered legally separated.
In Canada, there are primarily three grounds for divorce:
- living ‘separate and apart’ (* for a period of exceeding one year)
- adultery (cheating)
- mental or physical cruelty
* ’Living separate and apart’ can mean many things. It does not just imply ‘physical separation’. A couple may be living separately but essentially sharing the same roof due to many reasons including mortgage sharing, children etc. In case you are filing divorce based on separation, there has to be a minimum one year separation period before the divorce can be filed. The second filing also cannot be made prior to one year of living separately. The filing can be done after your separation but the divorce will not be finalized until the period of separation reaches one year.